>> thanks for inviting us into your home tonight. that is it for this "special report," fair, balanced and unafraid. greta goes "on the record" right now and "special report" online begins in three seconds. this is a fox news alert. there is new evidence just days before the launch people inside the white house feared healthcare.gov would not work. fox news chief white house correspondent ed henry is here with the latest. ed? >> good to see you, greta, emails came out tonight fox news. republican darrell issa obtained them from the health and human services department, some the contractors involved in healthcare.gov. what they suggest is that about a week before the october first rollout there was a meeting in which at least one top white house aide expressed concern. this is an email by henry chao from cms saying thatted

to park, who was the president's chief technology officer had sat down with a meeting several people, including the cms chief, testified todd park fear that the white house has about hc.gov being unavailable september 30th. one day before the rollout. chao wrote, quote: i think we should have a comprehensive answer for how he will assure high availability on the site. the email you saw another he email suggesting that they do something with the page when people had trouble logging on. they come up with better way saying they can't get on so the media didn't jump ton hyperbole to make it seem

like things were worse. here is the bottom line, the president last week at that news conference suggested october 1st. rollout. gone forward. this. type white house official a few moments ago told me, look, even before the rollout, they warn that there might be glitches as there are in any rollout of any product and they also take some heart inside the white house that part of what these officials are worried, about the fear that was referred to there was high, heavy traffic on the web site. they did get that as you know and they still think that means that there is a lot of interest in this product. obamacare. and that they realize they have got to get the web site fixed. that's obviously a big if to get that done. once they do they believe in the long run this law is going to work. tonight there is new questions about what they knew and when they knew it, greta. >> i got my information. obviously i got this email which -- or this copy of the screen shot attacked to the

email that was going on which they sent me which says that the system is down at the moment. obviously making emphasis of how bad it was. the most shocking thing to me the whole thing is what they were worried about was not -- they mentioned nothing about the consumers trying to get on the web site. wasn't this horrible what's happened to the american people? what they were worried about was the media ramping up the hyperbole about the government's web site not being functional. no mention of the american people getting access. >> you are right. now, we should note, in fairness, that we don't have the other emails. there is undoubtedly more documents likely to come out in the days ahead. we will see if they expressed a fear as you say that they should have about how this would effect consumers, obviously. you are right that part of this email does show how worried they were one week before the rollout about the media jumping on people being unable to get on. if there is one thick they have got right, greta, is that. they knew that the media would jump on this if it was a failure and the rollout turned out to be just that greta. >> ed, so that we are fair to them, you are at the white house.

maybe if they have emails show concern about the american people. run them up live shot. we will be here for an hour. read them to us. got all those other emails. >> we will say where are the rest of the emails. >> ed, thank you. >> good to see you you. and moments ago senator rand paul going "on the record." senator, nice to see you, sir. >> good to be here. >> shocking news to many tonight, the email from henry chao about the rollout. your thoughts? >> well, i thought the president said if he knew anything about this he probably wouldn't have opened up and started the exchanges it's surprising, startling a lot of knowledge was that they weren't ready for prime time and yet they went ahead with it anyway. >> first of all, if i were on any of the committees i would go back and look at henry chao's testimony see if anything he said under oath conflicted with this email because this email shows on september 25th he certainly knew. in fact, actually what he attached to it was a screen shot of the web site. and the screen shot of the web site says the system is

down at the moment. so he knew that. >> yeah, we are finding out that, my staff and myself. we are trying to get on obamacare because we have to sign up through the exchanges. we are familiar with the error screen. >> in looking at henry chao's emails and he is the cms tech official. what struck me is what is not there. in the courtroom do something called impeachment biomission. what are you not saying? what he is not saying is absolutely nothing about the american people. what he is saying he is worried about the media ramping up the hyperbole about hc gov not functional. is he worried about what the media would say about them. not one word about the american people. >> see, if this were a private business, they would be worried about it being functional not a media reaction. they would make sure it was going to work. it's really the problem here. we were turning over a sixth of our economy to the government. doesn't work on profit motive doesn't have to please the customer. i know this firsthand. i have been a physician for 20 years. i have already been dealing

with the healthcare through government through medicare and medicaid and permanently it's not very friendly. it's always been the physician that had to deal with an unfriendly government. now it's every consumer in america. every individual patient in america has to deal with unfriendly government. i think we are finding they are not going to be too pleased. >> email tonight and last night president obama pretty much suggested that the g.o.p. was in the way of fixing these glitches. are you in the way? >> interesting thing is we offered before all of this came out we offered him a pass. we offered him a whole year where he didn't have to go through this individual mandate. none of this that he is going through right now would have happened if he would have taken us up on his offer. and our offer really was during the middle of the shutdown, we were offering a compromise. one year delay of the mandate and he would have avoided a lot of this. >> where does this leave us now? i mean, you know, i guess it might be particularly appalling to the american people to find out that they care more about the media going after them for a web site they knew about wasn't going to work as of october 1. but, what about the american

people? where does this lead us? >> well, i don't think it's fix cybil. -- fixable. i will vote to have people not have their insurance cancelled. really, it's too late. what's happened is the 5 million people that have been cancelled even if you say you can go back to your previous policy, the policies don't exist and the insurance companies have been given a perverse incentive. they are told, you know what? we are going to force your customers to buy more expensive policy. they are not going to offer the cheaper policies anymore. >> if you can't fix this and if they are not going to offer the cheap policies and if this is a mess that can't be fixed, is there any way to roll it back to where we are? are we too far down the track? >> you could but the president would have to admit that he has failed and that it is not going to work. he may have to. i never really thought it could be this bad. this is worse than i ever imagined it could be. but it could spiral and get worse. because, over the next year, if young healthy people don't sign up because it costs too much, then it costs even more. so, if by the end of the year this becomes a high risk pool and only the

sickest people get insurance, and no young healthy people buy it it, they have to readjust their prices and they go higher and there is even more incentive for young people not to buy insurance which drives the prices even higher. >> which is sort of interesting. your home state, actually kentucky, actually seems to be working well. it's a state exchange. you took a medicaid expansion, your state did. you have young people signing up in a proportion that at least statistically looked good. >> maybe. i mean, still 40 times more people have been cancelled than are signing up. 7,000 people have signed up, and 280,000 people have been cancelled. many of them are young and healthy that have been cancelled because this is the individual market. so, by far and away more people have been cancelled than have signed up. so, i'm not sure they can really call kentucky a success. >> before we go. one quick question on detroit. detroit is a mess but you have an idea? >> we're excited. we are going to go announce bringing low taxes and rest regulations to impoverished

areas this is the kind of stimulus that's leaving more of your own money in your own hands that could actually help to help detroit. >> senator, thank you. nice to see yo fair? congress giving themselves obamacare perks. perks they are not giving you? that's next. [ male announcer at red lobster,

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obamacare, did you see what congress did for itself? they made sure they don't have to fuss with that web site? special perks? elise joins us. >> nice to see. >> you what is the advantage the capitol hill gave to themselves? >> well, not so fast. insurance companies are reaching out to lawmakers to make sure that they enroll in their company's plan. insurers really want to make sure that they reap all the west from having members of congress enroll in their own policies. what they're holding is holding special events, creating special web sites and a new telephone line for members of congress to ask any questions that they might have and, of course, these aren't available to the american people. >> not really perks created by the lawmakers i'm wrong. what it is insurance companies creating perks to the lawmakers to keep them happy and the lawmakers are very willing to have it happen for them? >> absolutely right. all of the lawmakers are going into d.c.'s exchange. that's something not a will the of people know. under the law it's supposed to apply equally to congress as it does to normal people. they you all go into d.c. exchange where they are picking from 112 gold plns

subsidized by the federal government because members of congress continue to get their employer healthcare subsidy. >> is that a special deal? >> it is in some ways a special deal. it continues the same benefit that members of congress have had for decades on the federal employee health benefit plan. what they essentially do is subsidize the insurance for members of congress and staff in order to reward them for their public service. for these staff members they don't get very big salaries. >> the insurance company comes to capitol hill and helps them figure out exchanges. that's nice. >> that's right. very nice. >> put themselves on hold and don't struggle with the web site. >> they call it concierge service. isn't that nice? >> that is nice. and they got that and now one of them has turned it down. i don't blame them. who wants to be on hold and mess with the web site. elise, thank you. might not be fair. >> that vicious knockout game starting last saturday right on gretawire. we started it. all this week "on the record" has been warning you about it ram dom violence spreading across the u.s. up next, a woman randomly bashed in the head. he is here to go "on the

record" we know we're not the center of your life, but we'll do our best to help you connect to what is.

this is a fox news alert. president obama making a big change regarding the u.s. census bureau. what is it and why did he do it n.? fox news correspondent doug mckelway is here with us. >> you remember back in the election battle of 2012 as it got closer and closer to election day and the race was tightening up and the polls were tightening up. that everybody was paying really close attention to the unemployment numbers. especially as we got closer and closer to election day. there was a period between august and september where those numbers came out in august the unemployment rate was 8.1%. people were really looking forward to the september numbers, thinking that they would probably spike up a little bit. many of the economists were saying. in fact, they went down to 7 pulp 8%.

-- 7.8%. you might remember the famous tweet that jack welch sent out at that time. unbelievable job numbers. chicago guys will do anything, can't debate so change the numbers. he caught a lot of flack for that. along comes the new the "new yok post" columnist this monday writes a piece which seems to confirm jack welch's suspicions at the time. he spoke to two sources. one of them unnamed. another one named who said that they were census workers who were forced to manipulate the numbers. these are people who went to households to do the surveys this is upon which the data is based. they didn't do some of the surveys. they were told, the supervisors told them to falsify the data. that's the crux of the story. we spoke to one of those census workers this afternoon who was identified in the piece. his name is julius buckman today. when we first telephoned him after many phone calls he said he was unaware of the "new york post" story.

totally unaware of it he then admitted that he talked to the "new york post" reporter. >> inspector general report now going to investigate. we will find out more. doug, thank you. >> you bet. >> coming up next, the woman victim of the dangerous knockout game. she will tell you her terrifying story. that's next.

we have been telling you about the cruel and violent knockout game. the game? well, young teens try to knock out a random victim with one brutal punch, sometimes even killing them. conley was biking in washington, d.c. recently when she was hit with a single punch. luckily, she survived. p.b. -- phoebe conley joins us. nice to see you. >> thanks. >> tell me, phoebe, take me back, it was last friday night, tell me what happened. >> friday night i was biking home. it was just before 10:00. and i was making my way up 11th street in colombia

heights. and while i was biking up the hill, there was a group of teenagers who were on bikes about 16 meters or so ahead of me. and they made it to the top of the hill, and at that point they stopped, and i continued biking my way up the hill. and when they stopped, about five of them pulled off to the side. i was biking in the bike lane and they were to the right-hand side of the bike lane. and there were two kids who were more in the center of the road. and as i made way -- my way up to the group of them, one of the boys who was in the group from the right-hand side biked across my path, directly in front of me, and then turned his bike so that we would be passing each other as he was going down the hill. i said excuse me as i biked through the group, and when we passed each other, he reached out with his left

hand and punched me in the face. i wasn't knocked off my bike. i continued biking as the group of teenagers continued laughing and i made my way home after that. >> did the person who hit you say anything to you? >> he did say pow as he punched me. but that was all that was said. >> did you get a sense that the group that was laughing as you were getting hit, did they see -- were they definitely -- was he definitely part of this group? >> they seemed like a group of kids that were all together, yeah. >> was this random in the sense that you hadn't earlier had any confrontation? you hadn't run into them at all? this was totally random as far as you know. >> i didn't know the kids. i had never seen the kids. i don't live in columbia heights actually i was in town for business. so, it wasn't -- when i come

to washington, d.c., i stay in columbia heights, but i had -- i bike up that hill before, but, no, i had never seen any of the kids before that i know of. >> after you were struck, did they try to flee or did they just sort of hang out there as you left? >> i didn't really pay attention to that. i just kept biking as i was. i didn't turn back. i didn't look. i didn't slow down. i didn't speed up. i just kind of continued on the course. >> now, you didn't go to the hospital, did you call the police right away and, if not, why did you wait? >> no, i did not go to the hospital. i had only a minor bloody nose. few minutes later. i called the police when i got to the house that i was staying at. just a local police station. and reported what had happened. and they informed me that

they would send a car to the area to check things out. >> you have heard of any other random acts of violence there? >> when i told some people about what had happened, they told me to google knockout game, which i did. and and the second news article that came up was an article that had been released that day about a woman in columbia heights, 14th street who was walking at night and punched in the back of the head. it sounded similar to what had happened to me and i read a second article the next day which said that it was a group of teenagers, they were on bikes, they punched her and then laughed and then once i read that article, i called the police back again just to make sure that everything had been passed on from what i said the night before. and i spoke with an officer

at that time who said in order to create a paper trail the best way to do things would be to call 911. the emergency number i was a little bit hesitant to do that because i was told 911 was for emergencies only. i didn't feel it was an emergency. it was the next day. i spoke with that officer and they did -- they told me to call 11 which i did and they sent an officer to speak with me and i reported the incident and they also followed up -- >> thank you. the good news is you are okay. thank you, phoebe. >> yeah. i mean, i really -- i ultimately i have moved past it and i really have no hard feelings about what has happened i see it as another reason to support our youth

with activities and youth programs which is actually what i do for work. it's great to see teenagers do things when they are supported and empowered. >> i will tell you that laughing though is rather distressing. i will take the last word on that because i have to go. feeby, thank you very much. -phoebe, thank you very much. "on the record" is tracking cases of the so-called knockout game as we share this list. take a look of few of the attacks caught on camera so you know what to look out for. we have confirmed thugs on the street and some places are calling these attacks polar bear hunting. just this year at least four knockout games have resulted in death. in syracuse, new york, a 70-year-old man was beaten to death. 18-year-old was charged in that crime. also in syracuse, a 51-year-old man beaten to death. a 13-year-old and 16-year-old both convicted and sentenced to 18 months in jail. hoboken, new jersey, a homeless man was beaten to death. police making three arrests.

suspects 13 and 14 years old. saint cloud, minnesota, a business student was beaten to death while walking home with friends. 18-year-old striking a plea deal in that case. he will be sentenced to 120 months in prison. "on the record" will stay on this case for you and we are going to bring you more information on this disturbing trend as it happens. and coming up, caught onu see wt happened to hhs secretary sebelius? there is more embarrassment. plus, are democrats heading to the boiling point. you will hear from a democratic congressman next. [ male announcer ] this is the age of knowing what you're made o

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now get ready to speed read your way through the news. first the state department. secretary of state john kerry announcing that u.s. and afghanistan have reached security aagreement. the presence of u.s. forces in afghanistan after the nato combat mission ends next year. tomorrow, a group of afghan elders will accept, reject, or revise that agreement. and now to the the white house, president obama presenting the medal of

freedom to 16 americans. this year's honorees include former president bill clinton, oprah winfrey, gloria steinman and posthumously to astronaut sally rid, two. now, to north carolina, the reverend billy graham hospitalized for respiratory problems. 95-year-old graham is expected to go home in a day or two. now to florida. embarrassing moment for hhs secretary kathleen sebelius. the secretary was touring obamacare sign up site and right before her eyes you guessed it healthcare.gov crashed. >> okay. >> it's going pretty smooth. >> that's good. >> so we are happy. >> i like to hear that. >> we all like to hear that. >> a lot better. >> temporarily down.

>> uh-oh. >> that's okay. it will come back. you know, that happens every day. >> and hits keep coming as we just saw the obamacare problems don't stop. are these nonstop problems causing democrats to their breaking point. >> good to be with you. >> you voted against the healthcare bill but strongly in favor of reforming but just weren't crazy about the solution. >> i voted against the bill for a whole bunch of reasons, the mandatory upgrade that's resulting in the cancellation of millions of policies contrary to the president's promise that you if you liked what you you got you would get to keep it. >> did you know that at the time you voted for it. >> we had a vote on that in committee on that very issue. i was one of the folks who voted with the other side to put that promise in the bill. yet, it was volted down by the majority at the time. there are 1001 one reasons why i voted against it. but the rollout of the web site this last month is 1002. another reason. >> what happens now?

what is going on in the democratic party? are they not happy with the white house? are they blaming the obama administration? >> you have got to recognize a lot of people digging in. didn't want to admit they were wrong and the other side was right about anything. that is at bottom how we got in this if the first place. blind partisanship is how we got. last three years focus on what was coming and trying to prevent the harm that's coming. it's going to take some folks changing their minds on both sides of the aisle to get us where we need to go. >> do you have an expectation that this can be fixed or is this going to keep getting worse and worse and bores and worse? >> i apprehend worse case scenario that it can did a long time before we fix it. the people -- the losers under this are so far and scattered across the landscape it will be hard to realize how bad it is. >> what we are hearing monday night house -- the

house chiefs of staff anger over intense damage being done to the democratic party. and as a result of the rollout that that was going out among democratic staffs. do you know anything about that? >> i have heard about it. they have a right to be upset about the web site. this is a new problem. they ought to be concerned about what was in the bill to begin with. this thing was going to impose all kinds of costly burdens on folks. fox news decks drafting this bill were treating all of these things benefits. gifts being given to folks. very expensive mandates that employers are going to have to meet and individuals are going to have to meet. i believe we have to fix this thing and have to do it. focus on this early so we can do it before a lot of people are hurt by this. >> have you spoken to the president and expressed concerns talked to you and also the leadership in the house and leader pelosi. >> there are people that have the president's ear. i share my concerns with anybody who will listen, including the folks back home. but the leadership here seems to be kind of dug in. they are buying into the idea that there was nothing wrong with this to begin with and very defensive about it. that has to change. >> do you think they actually believe this or this is panic?

>> i think there are some folks in leadership who believe it. there are a lot of folks who try to deny it because they are spooked about the results. i'm not concerned about who is right and who is wrong and who is to blame for this. we need to fix this thing. >> that matters. if you actually believe we are on the right path. then we should go full speed ahead. if you are digging in because you think you don't want to get caught making a mistake. then you are creating more harm. it actually does matter. >> exactly. focus on the problems. it's going to take people changing their minds about this. folks who voted for it are going to have to realize that all that glitters ain't gold and there are problems with it. people who voted against it are going to have to be willing to fix the thing. >> what about leadership. >> leadership comes and leadership goes and leadership. >> do we have leadership now on this? >> i don't think we do. i think we have folks more interest interested in defending what they have donathan trying to focus on the problems at hand. that needs to change. that's why we need to repeal the individual mandate. repeal the employer mandate. if you can't do those delay them. learn from it and amend it so folks can can't et out

from fund. >> thank you. >> thank you, greta. >> sticker shock and heading to the hill demanding answers. >> this has been a catastrophic failure across america. >> i was startled. i was shocked when our health insurance went up 49% this year. we're competing in this country to fix this problem who have lower healthcare costs forcing small businesses to internalize this or put their workers in the corner. >> how do i protect my jobs. win jobs three year and five year projects which i don't know what my costs are going to be. >> we cannot compete against japan or france or canada or any people that we compete against unless we find a way for our small business entrepreneurs to have affordable, accessible insurance. >> the costs have gone up despite all the promises our costs would go down. >> once the american people believe that they have been intentionally lied to, it really causes difficulties trying to solve problems.

>> america has to fix this. we fix big and bold and important things in the past. >> we have pointed to over and over again for years is how this law was not just destined to fail but destined to hurt people. now it's happening. >> we have got to figure out a way to fix this in a way that's going to grow and strengthen small businesses. >> we are all in this together. >> you just saw drew greenbli ever eit telling what it is doing to his business. now he joins us. nice to see you, drew. >> hi. >> you testified today. first of all what's your business. >> i own a sheet wire fabricator and basket in maryland. >> employers for 15 years. up until about a year ago gone up 8% each year. >> yes. >> so what's your sticker shock? >> i couldn't believe it when i got a call from my insurance agent and he told us that our rates, our individual rates were going up 49%. it was stunning. very challenging. >> what does that do to your business? >> it's terrible.

i mean, i can't call my clients up and ask them for a 49% price increase. it's untenable. they would laugh at me. our system is broken. we have to fix it. we are in a very competitive space. we compete with china. every day of the week we compete with germany and canada. and we make it all there in baltimore. if our costs are out of control, we are not competitive. it's intrinsic that our system gets revised, refined so that we can be competitive. right now we export to china. we he export to mexico. the way that happens is because we are efficient,' we are productive. if we are not competitive because our healthcare costs we are in big trouble. >> if it stays at 49%, can you make it? can you compete? how many employees do you have? >> we have 25 employees, we are a small manufacturer in baltimore city. >> can you compete? you can keep all 25? >> we very much want to. i mean, that's the -- our goal is that we can grow. i mean, if we do this right, we can grow and hire people

and have less unemployed steel workers. right now we are in a position where it's one more obstacle coming from washington slowing us down. slowing down the recovery. we want the economy to turn around. >> were you in favor of obamacare originally? what's your view of it today? >> well, we were told our costs was going to go down $2,500 per family. >> down? >> down. all of us were told that it's dispiriting that in the reality it's 49% up this is for mandates we really don't need more want. it's very difficult because we want to grow. we want to hire people. >> i don't know whether it's good intentions and reality met. the bottom line is we need changes. we have to be practical, it's the law of the land now, we have to get to work. >> can that happen? can this be fixed? >> it has to happen. it's going to make our country less competitive. today, cory booker at the

senate democrat was very positive about making changes, getting practical, and i hope, you know, he sets a tone within the democratic party, within the republican party, that we have to refine and work this out and make it better. >> maybe is he brand new so maybe doesn't hold any grudges. maybe he can drew, thank you. >> thank you so much. >> straight ahead president obama considering a deal with political friends? what is the deal? how does the president justify it? what do republican lawmakers plan to do about it? senator john thune is here next. helping you readjust your retirement plan along the way, rethink how you're invested, and refocus as your career moves forward. wherever you are today, a fidelity i.r.a. has a wide range of investment choices to help you fine-tune your personal economy. call today, and we'll make it easy to move that old 401(k) to a fidelity i.r.a.

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okay, everyone, it's time to hash it out, another political scandal getting the spirit airlines treatment. yahoo news reporter chris moody tweeting spirit airlines mocks obamacare, our web site actually works. take advantage of our affordable fair act. spirit -- fare act. spirit taking aim. site shattering and promises customers if you like your low fares you can keep your low fares. and if that wasn't embarrassing not for obamacare check out the latest blunder. colorado sends insurance coverage letter to man's dog. the man tried to sign up for insurance through colorado's exchange but the policy was mistakenly opened for 14-year-old yorkie baxter. the man says he used his dog's name in answer to security question over the phone and suspects that is how baxter's name came into the picture. and who would leave this behind on an airplane? yahoo tweeting airplane

cleaning crew in indy finds 25 gold bars worth $1 million stuffed into toilet compartment. the jet airlines clean was being cleaned after a flight from bangkok which staffers found two bags full of the special metal. no one has claimed the special bars maybe we should. #greta on tweets and post. bad news, obamacare may be about to cost you more. that is if president obama's political friends gets a special deal they are now asking for. senator john thune is here with a plan to try to stop that next. afghanistan in 2009. on the u.s.s. saratoga in 1982. [ male announcer ] once it's earned, usaa auto insurance is often handed down from generation to generation because it offers a superior level of protection and because usaa's commitment to serve current and former military members and their families is without equal. begin your legacy. get an auto insurance quote. usaa. we know what it means to serve.

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let's all go off the record for a minute. this is horrible. i sarcastically say it does top all. there is a new online game that promotes users, you mean that often means kids to reenact the sandy hook massacre. they get to be the killer. shooting their mother in the head again and again and again and then moving on to the school. you know what happened there. no, it's not the first game

of this ugly kind, but this game is even worse than the other ones if that is possible, because the game creator is doing his best to masquerade his motive. the credit list the game's creator as ryan jake lambern tweet importance of gun control. are your eyes rolling? they should be. the game's back page includes links to contact information for elected officials and the nra and urges players the fictional killers to contact lawmakers about gun control. really? contact lawmakers about gun control? that's his motive for creating this game? you don't buy that. no one does. this guy ryan jake lambern is cruel with a phony motive. no decent person would create a game causing deep pain to the grieving families. regrettably you can't legislate decency. we can and speak out loudly and condemn. we may not be able to deter bad people but with our loud voices we can alert parents. this is out there. and that's my off-the-record comment tonight. if you have an important

story or issue you think i should take off-the-record go to gretawire.com and tell us about it and it's no secret the labor unions are obamacare's bff. they had huge impact in getting obamacare passed. now unions want out. they want a special favor from president obama. if they get it, someone is going to have to pay for it. and you are that someone. now, several republican senators though are taking action to prevent that. senator john thune joins us. nice to see you, sir. >> good evening, greta. >> what is it that the insurance companies want? >> well, basically, under obamacare. >> not the insurance -- the unions, i mean. >> the unions want to be exempted. they want to be carved out and special back room deal from what they call reinsurance tax that was applied to everybody that's in a self-insured plan. tax on individuals to raise a certain amount of money to help pay for the cost of preexisting conditions. anybody that's in a self-insured plan would be required to pay this tax per enrollee in that plan. what the unions basically

have said is "we don't want to pay it." and the administration came out on october 30th with a regulation basically laying out this plan to exempt the unions from that tax. >> why? how -- >> -- the amazing thing about it is when that happens, everybody else has to pay more. it's a tax scheduled to raise a certain amount of revenue. it gets distributed among everybody else. >> pay $63 now. if half the group is out you are paying more. >> sure. >> it's not going to be half. i'm curious, what's the justification for giving this special deal to the unions? >> well, i think that they were, of course, they have been big political are the supporters of the president. they know that. they were big supporters of obama cower. i think what with what you are seeing in obamacare and policies coming out oof the administration. you if you are a friend or ally or donor to the president you get special treatment. >> the president, if he -- if jay carney tomorrow with the press conference is asked got to have some sort of legitimate explanation are the unions going under? got to be more than like we did it because they are our political friends and without them we are not

going to get reelected. more than that. >> i don't know how you explain or justify unless you try to draw some distinction between union plans, taft hartley plans and other self-insurance plans. >> so what though? >> the average american is asking the question where is my deal? they are the ones getting stuck with the higher premiums, cancelled coverages, you know, the higher taxes and everything that's associated with this. >> so you have a bill to stop this. >> we do. we have a bill that says everybody needs to be treated equally, fairly under this. >> there is a concept. >> you have a reinsurance tax 63 bucks a head. 63 bucks a head. not for the other self-insured plans but for the union plans as well. >> do you have any democrats signing on to the bill. >> not yet. i think the wall of resistance among democrats is starting to crack a little bit. as you know, they are taking quite a pounding right now. particularly red state democrats. >> if there is a good reason, let's hear it. if the democrats have a good reason, if the president has a good reason, let's hear it. maybe i would be convinced if there is a good idea to

do this for the unions. if he with are not hearing it, just sort of slid in as a regulation, it almost looks like hoping no one is looking. >> i think they thought that would happen. nobody paying attention to this. last august they tried to get unions to get subsidies under the plans even though they were ineligible for them. that got stopped because there was so much public attention drawn to it and a lot of us, you know, put up, you know, made a lot of noise about it. that's what we are going to have to do here and hopefully as the american people hear about this enough of the carveouts and back room deals. this isn't the way obamacare is supposed to work. we would like to see it delayed and take a time-out for. >> everybody senator, nice to see you sir. >> thanks, greta. >> coming up, president obama's approval rating tanking to a new low, that's next.

now it's time to show you what we are watching. former president george w. bush and former first lady laura bush paying visit to tonight show. president bush joking with jay leno about his post white house years. >> president obama is kind of getting all the late night jokes now. >> better him than me. [ laughter ] [ applause ] >> are you glad you you aren't president now? >> yes, i am. eight years is plenty. >> when the president had had that heart scare, how scary was that? >> it was scary. >> yeah? >> very scary. >> yeah. >> but -- >> -- i wasn't that scared. [ laughter ] >> you had obamacare? [ laughter ] >> and that's what we are watching tonight and. coming up, obamacare bringing more bad news for president obama. joe trippi is here next. customer erin swenson ordered shoes from us online

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obamacare is drowning in problems and president obama is sinking to the will he a approval yet for him. according to the cbs poll 37% approve of the job the president is doing. 9% drop in one month. joe trippi joins us. how horrible is that? >> it's bad. but it's only a second month where he has been below 400. it happened back in august. >> that's a big jump though. >> oh no 12 points or something like that in a couple of weeks. and you know george bush had

26 straight months of under 40% approval and today is he back up around 50. so you never really know -- >> -- everyone always looks better after you leave office though. >> yeah. >> it can turn around. it is retrievable but it doesn't usually happen that way. >> as a practical matter besides you hate to see yourself get low numbers, what impact does it have? >> the problem is the reason they are not calling it obamacare anymore. >> i call it affordable care. that's a bad one too. >> that's better because at least you are telling people it's affordable. you are trying to get that message out there. you don't want to have 39% approval attached to something you are trying to build support for. before, when he was popular or more popular more popular better to call it obamacare republicans did wrong by pushing it that way. worked for them not right now. >> how much are the

democrats and the house and the senate are they shaking at all over this? >> certainly i think those up in red states in 2014 definitely definitely going to move away from obamacare for a while, may stay that way all the way through 2014 fact of the matter is you could have 8 democrats in the senate do that and only up to 56 votes. so you can't get -- you have to be able to override a veto and that's 56 senators. not going to happen. >> 30 seconds left. white house shaking have to make something happen. numbers are troubling. >> thank you. want to see you tomorrow night here at 7 p.m. eastern. up next, the o'reilly factor. but, go to gretawire.com because that's where we are all going to go right after

the show. we have an open thread. you can talk about all these issues. we want to hear from you. so go to gretawire. good night. the o'reilly factor is on, tonight. >> on friday, we found out the unemployment rate has fallen from the height of 10% down to 7.8%, the lowest since i took office. >> that was president obama last year on the campaign trail. now there are charges the job stats were manipulated in his favor. we have a special report. >> imperative to reach out and to share that conservative message of liberty and less government and lower taxes. >> sarah palin demanding that msnbc discipline a commentator who attacked her in a gross way. we will take a look at that situation. >> i'm not politically correct, billy. i'm off the reservation. this whole thing is going to hell in a hand basket.